NHTSA Complaint #11505320 — 2016 BMW X5

My bmw x5 40e is having issues accelerating from a dead stop. My safety was put at risk because I was stuck in the intersection going very slowly even after put the accelerating pedal to the floor. It did not properly engage until I got to the other side of the intersection and the stoplight went back to red. It has happened several times after. BMW North America stated that they could not duplicate but the foreman actually did feel it when pulling the car up the day I was to pick it back up and recorded the issue. There were no warning lamps or faults and still do not show any faults, though it still has the same issue. BMW North America Engineer was shown a video I recorded of it in a parking garage going to 4000 rpm but speed remaining under 10 mph for proof after they returned the car to me and he still states “vehicle is operating as designed”. I noticed 2016 bmw x5 40e has a recall on it but only for those produced 7/2015-9/2015, mine was produced in 2/2016. Yet, when reading the recall my car acts very similar to the discription. This is a safety hazard because it puts me at an increased risk of a crash. I cannot get my car worked on because BMW of North America says nothing is wrong with it and won’t allow it to be fixed. We have tried talking to several people with bmw North America and they either say nothing can be done or stop communicating with us. I’ve tried communication through both email and phone.